electoral amendment (electoral …bill 83] 3 electoral amendment (electoral expenditure and...

[Bill 83]-I

TASMANIA

__________

ELECTORAL AMENDMENT (ELECTORAL

EXPENDITURE AND POLITICAL DONATIONS)

BILL 2013

__________

CONTENTS

1. Short title

2. Commencement

3. Principal Act

4. Section 3 amended (Interpretation)

5. Section 5 amended (Election expenditure)

6. Sections 5A and 5B inserted

5A. Meaning of gift

5B. Meaning of political donation

7. Section 165 amended (Power of Commission to require

information)

8. Parts 6A and 6B inserted

PART 6A – Electoral Expenditure in Respect of Assembly

Elections

Division 1 – Election expenditure

165A. Election agent

165B. Who may incur expenditure

165C. Candidate’s expenditure limit

165D. Lodgment of candidate’s election expenditure return

165E. Party’s expenditure limit

165F. Lodgment of party’s election expenditure return

Division 2 – Further provisions relating to expenditure

165G. Commission to check returns

165H. Return available for public inspection

2

165I. Power of Commission to require information relating

to election expenditure

PART 6B – Political Donations

165J. Register of political donations

165K. Disclosure of donations of $1 500 or more

165L. Disclosure of donations of $1 500 or more by same

person

165M. Anonymous political donations

165N. Power of Commission to require information relating

to political donations

165O. Register and disclosures to be published

9. Part 7, Division 6: Heading amended

10. Section 199 amended (Offences relating to electoral expenses by

candidates)

11. Sections 199A, 199B and 199C inserted

199A. Offences relating to electoral expenditure by parties

199B. Offences relating to political donations

199C. Offences relating to anonymous political donations

12. Repeal of Act

[Bill 83] 3

ELECTORAL AMENDMENT (ELECTORAL

EXPENDITURE AND POLITICAL DONATIONS)

BILL 2013

This Public Bill originated in the House of Assembly, and, having this day passed, is

now ready for presentation to the Legislative Council for its concurrence.

P. R. ALCOCK, Clerk of the House

20 November 2013

(Brought in by the Minister for Justice, the Honourable Brian

Neal Wightman)

A BILL FOR

An Act to amend the Electoral Act 2004

Be it enacted by His Excellency the Governor of Tasmania, by

and with the advice and consent of the Legislative Council and

House of Assembly, in Parliament assembled, as follows:

1. Short title

This Act may be cited as the Electoral

Amendment (Electoral Expenditure and Political

Donations) Act 2013.

2. Commencement

The provisions of this Act commence on a day

or days to be proclaimed.

Electoral Amendment (Electoral Expenditure and Political

Donations) Act 2013

Act No. of

s. 3

4

3. Principal Act

In this Act, the Electoral Act 2004* is referred to

as the Principal Act.

4. Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as

follows:

(a) by inserting the following definition after

the definition of deputy registered

officer:

disposition of property means any

conveyance, transfer, assignment,

settlement, delivery, payment or

other alienation of property, and

includes –

(a) the allotment of shares in

a company; and

(b) the creation of a trust in

property; and

(c) the grant or creation of

any lease, mortgage,

charge, servitude, licence,

power, partnership or

interest in property; and

(d) the release, discharge,

surrender, forfeiture or

*No. 51 of 2004


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abandonment, at law or in

equity, of any debt,

contract or chose in

action, or of any interest

in property; and

(e) the exercise by a person

of a general power of

appointment of property

in favour of any other

person; and

(f) any transaction entered

into by any person with

intent thereby to diminish,

directly or indirectly, the

value of the person’s own

property and to increase

the value of the property

of any other person;

(b) by omitting “poll;” from paragraph (b) of

the definition of expenditure period and

substituting “poll; or”;

(c) by inserting the following paragraph after

paragraph (b) in the definition of

expenditure period:

(c) in the case of an Assembly

election –

(i) if the election is held

within 12 months of the

commencement of section

4 of the Electoral


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Act No. of

s. 5

6

Amendment (Electoral

Expenditure and Political

Donations) Act 2013, the

period commencing on

the commencement of

that Act and ending on the

day on which the election

is held; or

(ii) if the election is held at

any other time, the period

of 12 months ending on

the day on which the

election is held;

(d) by inserting the following definition after

the definition of prisoner:

property includes both real and

personal property;

5. Section 5 amended (Election expenditure)

Section 5(1) of the Principal Act is amended by

inserting “an Assembly election or” after “at” in

the definition of election expenditure.

6. Sections 5A and 5B inserted

After section 5 of the Principal Act, the

following sections are inserted in Part 1:


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5A. Meaning of gift

(1) For the purposes of this Act, a gift is any

disposition of property made by a person

to another person, otherwise than by will,

being a disposition made without

consideration in money or money’s

worth or with inadequate consideration,

and includes the provision of a service

(other than volunteer labour) for no

consideration or for inadequate

consideration.

(2) For the purposes of this Act –

(a) the amount of a donation or

expenditure consisting of a

disposition of property other than

money is taken to be the amount

equal to the value of the property

disposed of; and

(b) the value of property disposed of

or the value of a gift may, if the

Commission so requires, be

determined by valuers appointed

or approved by the Commission.

5B. Meaning of political donation

(1) For the purposes of this Act, a political

donation is –

(a) a gift made to or for the benefit of

a party; or


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(b) a gift made to or for the benefit of

a Member; or

(c) a gift made to or for the benefit of

a candidate or an intending

candidate; or

(d) a gift made to or for the benefit of

an entity or other person (not

being a party, a Member, a

candidate or an intending

candidate), the whole or part of

which was used or is intended to

be used by the entity or person –

(i) to enable the entity or

person to make, directly

or indirectly, a political

donation or to incur

electoral expenditure; or

(ii) to reimburse the entity or

person for making,

directly or indirectly, a

political donation or

incurring electoral

expenditure.

(2) An amount paid by a person as a

contribution, entry fee or other payment

to entitle that or any other person to

participate in, or otherwise obtain any

benefit from, a fund-raising venture or

function (being an amount that forms

part of the proceeds of the venture or


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function) is taken to be a gift for the

purposes of this section.

(3) An annual or other subscription paid to a

party by –

(a) a member of the party; or

(b) a person or entity (including an

industrial organisation) for

affiliation with the party –

is taken to be a gift to the party for the

purposes of this section.

(4) A gift to an individual that was made in a

private capacity to the individual for his

or her personal use, and that the

individual has not used, and does not

intend to use, solely or substantially for a

purpose related to an election or to his or

her duties as a Member, is not a political

donation.

7. Section 165 amended (Power of Commission to

require information)


follows:

(a) by omitting from subsection (1)(d) “a

party to” and substituting “involved

with”;


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(b) by omitting from subsection (5) “under”

first occurring and substituting “in

relation to”.

8. Parts 6A and 6B inserted


following Parts are inserted:

PART 6A – ELECTORAL EXPENDITURE IN

RESPECT OF ASSEMBLY ELECTIONS

Division 1 – Election expenditure

165A. Election agent

(1) A candidate or intending candidate at an

Assembly election may appoint a person

to be his or her election agent.

(2) An appointment under subsection (1) is

to be in writing and signed by the

candidate or intending candidate.

(3) Only one person may hold an

appointment as the election agent for a

particular candidate or intending

candidate at any one time.

(4) The election agent of a candidate or

intending candidate may incur or

authorise expenditure on behalf of that



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165B. Who may incur expenditure

(1) Subject to subsection (2), a person, other

than a candidate or intending candidate

or the election agent of a candidate or

intending candidate or a party, must not

incur any expenditure with a view to

promoting or procuring the election of

the candidate or intending candidate as a

Member of the Assembly.

(2) Subsection (1) does not preclude the

payment or giving of any money,

security or equivalent of money directly

to a candidate or intending candidate or

his or her election agent with a view to

promoting or procuring the election of

the candidate or intending candidate as a

Member of the Assembly.

(3) A candidate or intending candidate at an

Assembly election must not authorise a

person other than his or her election

agent to incur on his or her behalf

expenditure with a view to promoting or

procuring the candidate’s or intending

candidate’s election.

165C. Candidate’s expenditure limit

(1) A candidate at an Assembly election

must not, in respect of his or her

campaign for that election, incur election

expenditure exceeding the expenditure

limit.


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(2) The expenditure limit is $75 000 in the

year 2014 and increases by an additional

$1 000 each subsequent year.

(3) If a court convicts a candidate of an

offence against subsection (1) it is to, at

the time of conviction, make a finding of

the amount by which the candidate’s

election expenditure exceeded the

expenditure limit.

(4) For the purposes of subsection (1),

expenditure incurred by the election

agent of a candidate is taken to have been

incurred by the candidate.

165D. Lodgment of candidate’s election

expenditure return

Every candidate at an Assembly election

must complete an election expenditure

return which is to –

(a) be in an approved form; and

(b) include particulars of –

(i) all election expenditure

that has been paid by the

candidate or paid on

behalf of the candidate by

his or her election agent;

and


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(ii) all disputed claims and all

unpaid claims against the

candidate in respect of

any election expenditure;

and

(c) be accompanied by any invoice

account or receipt in respect of

each item of election expenditure

that exceeds $20; and

(d) be signed and declared before a

justice or a commissioner for

declarations; and

(e) be lodged with the Commission

within 60 days after the day on

which the result of an Assembly

election is declared, or within

such extended period, not

exceeding 30 days, as the

Commission may allow.

165E. Party’s expenditure limit

(1) A party must not, in respect of the party’s

campaign for an Assembly election,

incur election expenditure exceeding the

expenditure limit.

(2) If a party, in respect of its campaign for

an Assembly election, incurs election

expenditure exceeding the expenditure

limit, the party secretary is guilty of an

offence.


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(3) For the purposes of subsection (1), the

expenditure limit is $750 000 in the year

2014 and increases by an additional

$10 000 each subsequent year.

(4) If a court convicts a party secretary of an

offence against subsection (2), it is, at the

time of conviction, to make a finding of

the amount by which the party’s election

expenditure exceeded the expenditure

limit.

165F. Lodgment of party’s election expenditure

return

A party secretary at an Assembly

election must complete an election

expenditure return which is to –

(a) be in an approved form; and

(b) include particulars of –

(i) all election expenditure

that has been paid by the

party or paid on behalf of

the party; and

(ii) all disputed claims and all

unpaid claims against the

party in respect of any

election expenditure; and

(c) be accompanied by any invoice

account or receipt in respect of


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each item of election expenditure

that exceeds $20; and

(d) be signed and declared before a

justice or a commissioner for

declarations; and

(e) be lodged with the Commission

within 60 days after the day on

which the result of an Assembly

election is declared, or within

such extended period, not

exceeding 30 days, as the

Commission may allow.

Division 2 – Further provisions relating to expenditure

165G. Commission to check returns

On receiving a return lodged under

section 165D or 165F, the Commission is

to satisfy itself as to the authenticity and

accuracy of the return and that all

particulars required to be included in the

return have been included.

165H. Return available for public inspection

(1) The Commission is to –

(a) keep returns for a period of 12

months; and

(b) during that period make those

returns available for inspection,


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free of charge, by a member of

the public.

(2) At the expiration of the period referred to

in subsection (1), the Commission may

cause the returns to be disposed of in an

approved manner.

165I. Power of Commission to require information

relating to election expenditure

(1) If the Commission has reason to believe

that a person is in possession of

information or records relating to

election expenditure, the Commission

may, by written notice, require –

(a) the person to provide that

information at a specified time

and place; or

(b) the person to produce for

inspection any of those records at

a specified time and place; or

(c) the person to answer any question

relating to that expenditure at a

specified time and place; or

(d) any person who was involved

with the compilation of those

records to make a statement

providing an explanation of them.


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(2) The Commission may make and retain

copies of any records produced under

subsection (1)(b) or of any parts of those

records.

(3) Any information provided, answer given

or statement made by a person in

response to a requirement made under

subsection (1) may not be used in any

proceedings against that person except

proceedings under section 199(8) in

relation to that information, answer or

statement.

(4) A person is not obliged to provide any

information, produce records, answer a

question or make a statement under this

section unless that person has first been

informed by the Commission that he or

she is required to do so.

(5) In any proceedings for an offence in

relation to this section, a copy of a record

or part of a record made under

subsection (2) is admissible in evidence

in those proceedings and, in the absence

of evidence to the contrary, the contents

of the copy are presumed to be the same

as those on the original record or part.

(6) In this section –

records includes books, accounts,

minutes, registers, deeds, writings

or documents and any other


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sources of information compiled,

recorded or stored in written

form, on micro-film or by

electronic process, or in any other

manner or by any other means.


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PART 6B – POLITICAL DONATIONS

165J. Register of political donations

(1) A party secretary, a Member, a candidate

or an intending candidate must keep a

register in an approved form of all

political donations made in a financial

year.

(2) A party secretary, a Member, a candidate

or an intending candidate must lodge the

register referred to in subsection (1) with

the Commission within 3 months of the

end of the financial year to which it

relates.

165K. Disclosure of donations of $1 500 or more

A party secretary, a Member, a candidate

or an intending candidate must disclose

to the Commission in an approved form

any donations of $1 500 or more made to

the party, Member, candidate or

intending candidate within 14 days of the

receipt of the donation.

165L. Disclosure of donations of $1 500 or more by

same person

A party secretary, a Member, a candidate

or an intending candidate must disclose

to the Commission in an approved form

donations from the same donor in a


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financial year that cumulatively amount

to $1 500 or more made to the party,

Member, candidate or intending

candidate within 14 days of the receipt of

the donation that causes the amount of

$1 500 or more to be reached.

165M. Anonymous political donations

(1) A party, a Member, a candidate or an

intending candidate must not accept a

political donation of $1 500 or more

made by a person, unless the name of the

person making the political donation is

known to the party secretary, Member,


(2) A party, a Member, a candidate or an

intending candidate must not accept a

political donation if acceptance of the

political donation means that the total of

political donations, from persons where

the person’s name is not known to the

party secretary, Member, candidate or

intending candidate, exceed $15 000 in a

financial year.

(3) If a political donation is received that

results in the party, Member, candidate

or intending candidate contravening

subsection (1) or (2), the party secretary,

Member, candidate or intending

candidate must pay to the Commission

an amount equal to the amount of the


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political donation within 14 days of

receipt of the political donation.

(4) The amount payable under subsection (3)

is a debt payable to the State by the

party, Member, candidate or intending

candidate and may be recovered by

proceedings in a court of competent

jurisdiction.

165N. Power of Commission to require information

relating to political donations

(1) If the Commission has reason to believe

that a person is in possession of

information or records relating to

political donations, the Commission may,

by written notice, require –

(a) the person to provide that

information at a specified time

and place; or

(b) the person to produce for

inspection any of those records at

a specified time and place; or

(c) the person to answer any question

relating to the donations at a

specified time and place; or

(d) any person who was involved

with the compilation of those

records to make a statement

providing an explanation of them.


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(2) The Commission may make and retain

copies of any records produced under

subsection (1)(b) or of any parts of those

records.

(3) Any information provided, answer given

or statement made by a person in

response to a requirement made under

subsection (1) may not be used in any

proceedings against that person except

proceedings under section 199B or 199C

in relation to that information, answer or

statement.

(4) A person is not obliged to provide any

information, produce records, answer a

question or make a statement under this

section unless that person has first been

informed by the Commission that he or

she is required to do so.

(5) In any proceedings for an offence in

relation to this section, a copy of a record

or part of a record made under

subsection (2) is admissible in evidence

in those proceedings and, in the absence

of evidence to the contrary, the contents

of the copy are presumed to be the same

as those on the original record or part.

(6) In this section –

records includes books, accounts,

minutes, registers, deeds, writings

or documents and any other


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sources of information compiled,

recorded or stored in written

form, on micro-film or by

electronic process, or in any other

manner or by any other means.

165O. Register and disclosures to be published

(1) The Commission –

(a) is to keep a register lodged under

section 165J for a period of 7

years; and

(b) may publish those parts of a

register lodged under

section 165J that are approved for

publishing by the Commission.

(2) The Commission is to –

(a) keep the information disclosed

under section 165K or 165L for a

period of 7 years; and

(b) publish the details of the

information disclosed under

sections 165K and 165L.

(3) At the expiration of the period referred to

in subsection (1)(a) and (2)(a), the

Commission may cause the register or

the information disclosed to be disposed

of in an approved manner.


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9. Part 7, Division 6: Heading amended

Division 6 of Part 7 of the Principal Act is

amended by inserting in the heading to that

Division “and political donations” after

“expenses”.

10. Section 199 amended (Offences relating to electoral

expenses by candidates)


follows:

(a) by omitting from subsection (1)

“section 159 or 162” and substituting

“section 159, 162 or 165B”;

(b) by inserting in subsection (2) “an

Assembly election or” after “at”;

(c) by omitting from subsection (2)

“section 160” and substituting

“section 160 or 165C, as the case may

be,”;

(d) by inserting in subsection (3) “an


(e) by omitting from subsection (3)


“section 160 or 165C, as the case may

be,”;

(f) by omitting from subsection (4)


“section 161 or 165D”;


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(g) by inserting in subsection (5) “an


(h) by omitting from subsection (6)


“section 161 or 165D”;

(i) by omitting from subsection (7)

“section 165(1)” and substituting

“section 165(1) or 165I(1)”;

(j) by omitting from subsection (8)


“section 165(1) or 165I(1)”;

(k) by omitting from subsection (9) “under”

first occurring and substituting “against”;

(l) by omitting from subsection (9)


“section 165(2) or 165I(2)”.

11. Sections 199A, 199B and 199C inserted


following sections are inserted in Division 6:

199A. Offences relating to electoral expenditure by

parties

(1) A party secretary who contravenes

section 165F is guilty of an offence.

Penalty: Fine not exceeding 200 penalty

units or imprisonment for a term

not exceeding 6 months, or both.


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section 165E by incurring any amount

not exceeding $1 000 in excess of the

expenditure limit is guilty of an offence.

Penalty: Fine not exceeding 0.05 penalty

unit for each $1 of that first-

mentioned amount.


section 165E by incurring any amount

exceeding $1 000 in excess of the

expenditure limit is guilty of an offence.


units.

(4) A party secretary who, without

reasonable excuse, fails to comply with

section 165F, within the period referred

to in that section, or, if the Commission

has allowed that period to be extended,

within that extended period, is guilty of

an offence.


units.

(5) A party secretary who, in purported

compliance with section 165F, files a

return, invoice or receipt which is, to his

or her knowledge, false or misleading in

a material particular is guilty of an

offence.


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(6) A party secretary must not, without

reasonable excuse, fail to comply with a

requirement made under section 165I(1).




(7) A party secretary who, in purported

compliance with a requirement made

under section 165I(1), provides

information, gives an answer or makes a

statement which is, or produces records

which are, to his or her knowledge, false

or misleading in a material particular is

guilty of an offence.




(8) In any proceedings for an offence against

this section, a copy of a record or a part

of a record made under section 165I(2) is

admissible in evidence in those

proceedings and, in the absence of

evidence to the contrary, the contents of

the copy are to be presumed to be the

same as those on the original record or

part.


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199B. Offences relating to political donations

(1) A person who contravenes section 165J,

165K or 165L is guilty of an offence.


units.

(2) A person who, in purported compliance

with section 165J, 165K or 165L, lodges

a register that is, to the person’s

knowledge, false or misleading in a

material particular is guilty of an offence.




(3) A person must not, without reasonable

excuse, fail to comply with a requirement

made under section 165N(1).




(4) A person who, in purported compliance

with a requirement made under

section 165N(1), provides information,

gives an answer or makes a statement

which is, or produces records which are,

to his or her knowledge, false or

misleading in a material particular is

guilty of an offence.


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(5) In any proceedings for an offence against

this section, a copy of a record or part of

a record made under section 165N(2) is

admissible in evidence in those

proceedings and, in the absence of

evidence to the contrary, the contents of

the copy are to be presumed to be the

same as those on the original record or

part.

199C. Offences relating to anonymous political

donations

A person who contravenes section 165M

is guilty of an offence.


units.

12. Repeal of Act

This Act is repealed on the three hundred and

sixty fifth day from the day on which it

commences.

Government Printer, Tasmania

electoral amendment (electoral …bill 83] 3 electoral amendment (electoral expenditure and...

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